Jump to content


  • Tweets

  • Posts

    • Work from home is "an aberration" that will be corrected as soon as possible says Goldman Sachs chief. View the full article
    • Work from home is "an aberration" that will be corrected as soon as possible says Goldman Sachs chief. View the full article
    • The mini electric vehicle being made by China's biggest carmaker is now outselling Tesla two to one. View the full article
    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Please note that this topic has not had any new posts for the last 1525 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

Hopefully someone can offer me some advice here, sorry for the long post.

 

I live in Bristol and have a statutory periodic tenancy on a rolling one month basis. I have been here just over a year.

 

My landlady has repeatedly breached the tenancy agreement by coming round and allowing herself and workmen access to my house with no notice whatsoever. My tenancy agreement says she must give 24 hours notice for any visit.

 

I have told the letting agents in writing on several occasions that I am categorically not OK with this and I insist on notice. They have informed me (in writing) that they have asked the landlady to provide me with notice of her visits, but this has happened numerous times since.

 

I live alone and I feel like I've been robbed of my privacy and harassed in my own home. As a result, I have found somewhere else to live, but I cannot move in for a month or so yet, maybe longer.

 

My question is, because she has breached the tenancy agreement, can I serve my one month's notice from any date, citing these breaches, rather than the date of the rental payment (the 21st). When I can move, I want to get out of this house as soon as possible, and I don't need a reference from her for my new flat.

 

I know "fair" doesn't hold always much weight legally, but it doesn't seem right that she can breach the agreement at will and suffer no consequences, but if I breached the terms, I would be served notice and evicted. I would be happy to stay here had I not been subject to this treatment, but now I feel I have no choice if I want a quiet life.

Link to post
Share on other sites

The Landlord has to give you 24 hrs Notice,

 

You could also consider changing locks with like for like and keeping the originals to replace when you move out.

 

https://www.gov.uk/private-renting/your-rights-and-responsibilities

 

https://www.gov.uk/private-renting/your-rights-and-responsibilities

 

https://www.citizensadvice.org.uk/housing/renting-a-home/common-problems-with-renting/

Edited by stu007

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

Thanks. I know she has to give me 24 hours notice, but she isn't, and there doesn't seem to be anything I can do about it.

 

I did consider changing the locks after it started getting worse, but it seems like an unnecessary expense now I'm moving soon. I won't rule it out though should it get worse.

Link to post
Share on other sites

Even with 24 hours notice, she still needs your agreement & permission to enter. Iirc the police are the enforcing body for this. If they won't do anything, speak to your local council private housing team (they should have one).

 

Good luck.

Link to post
Share on other sites
My question is, because she has breached the tenancy agreement, can I serve my one month's notice from any date, citing these breaches, rather than the date of the rental payment (the 21st). When I can move, I want to get out of this house as soon as possible, and I don't need a reference from her for my new flat.

 

Unfortunately, I don't think it can be stated that her breaches would give you this right.

 

Your best bet would be to argue it out with the letting agent, and if possible, get any agreement you make with them in writing. Your landlady may wish to get regular access to the property for the remaining month as a term of such a deal.

Link to post
Share on other sites

changing the cylinder of a standard yale lock is about a tenner. You can then take it with you to wherever you move to and reuse it if you wish. Your landlady isnt going to batter the door down when she finds out you have done this, I doubt if she will say anything at all as she knows her behaviour isnt acceptable. If the letting agents who hold a key then yu could politly tell them that you have done this and will replace the locks at the end of your tenancy but any attempt to enter will rwesult in the police being called for attempted B&E

Link to post
Share on other sites

Thanks all.

 

It seems calling the police is my only option then. It's not really a road I want to go down though, it seems drastic when all I want is some notice.

 

I thought it was more expensive and a professional job to change a lock. I've found an inexpensive lock on ebay for about £6 that will fit the door., and a quick browse on youtube shows it's quite easy to do myself, so I'll do that if it gets worse.

 

I'd be fine with her having access if I can go sooner, but I'm not sure I trust her not to pull a fast one on me.

 

My tenancy agreement does say I'm not allowed to change the locks or prevent access for new tenant visits in the last 2 months of the tenancy though, and they'll charge me if I refuse. I'm not sure if this would be classed as an unfair term, I think it might. This was my old AST agreement though, I've not seen a different agreement since I went onto a periodic one.

Link to post
Share on other sites
Thanks all.

 

It seems calling the police is my only option then. It's not really a road I want to go down though, it seems drastic when all I want is some notice.

 

I thought it was more expensive and a professional job to change a lock. I've found an inexpensive lock on ebay for about £6 that will fit the door., and a quick browse on youtube shows it's quite easy to do myself, so I'll do that if it gets worse.

 

I'd be fine with her having access if I can go sooner, but I'm not sure I trust her not to pull a fast one on me.

 

My tenancy agreement does say I'm not allowed to change the locks or prevent access for new tenant visits in the last 2 months of the tenancy though, and they'll charge me if I refuse. I'm not sure if this would be classed as an unfair term, I think it might. This was my old AST agreement though, I've not seen a different agreement since I went onto a periodic one.

 

exactly what is she going to do, evict you? She'd be laughed out of court. It's amazing how many landlords don't understand tenancy law. They think that, because it's their house, they're justified in coming and going as they please. Call the police, if nothing else, it'll educate her.

Link to post
Share on other sites
exactly what is she going to do, evict you? She'd be laughed out of court. It's amazing how many landlords don't understand tenancy law. They think that, because it's their house, they're justified in coming and going as they please. Call the police, if nothing else, it'll educate her.

 

They do, it's ridiculous. You are right, I really should call the police. There's no way she doesn't know the law, and even if she didn't, I've asked her not to until I'm blue in the face. She once told me she couldn't give me notice because she doesn't know when she's going to come round. What a load of rubbish.

 

She can serve me a S21 for any reason as I'm not in a fixed tenancy, but if she did that I'd make her go all the way to court to get me out. I'll be giving notice as soon as the new place is ready, I just don't have a set date for that yet.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...